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Complaint Alum a Pole

Complaint Alum a Pole

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Published by mschwimmer
trademark complaint, alum a pole badger ladder
trademark complaint, alum a pole badger ladder

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Published by: mschwimmer on Apr 07, 2011
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04/07/2011

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o
stJS 44 (Rev. 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as providedby local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of mitiating
the civil docket sheet.
(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a)
PLAINTIFFS
DEFENDANTS
Alum-A-Pole Corporation
Badger Ladder, Inc.
(b)
County of Residence of First Listed Plaintiff
Lackawanna County, PA
County of Residence of First Listed Defendant
Brown County, WI
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.
(CL
I
 
Attomey' s
(Firm Name Address and Telephone Number)
Gross
cGinley, LLP, 33 South Seventh Street, P.O. Box 4060, Allentown,
Pennsylvania 18105
Attomeys
Known)
II. BASIS OF JURISDICTION
(Place an "X" in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place
an "X" in One Box for Plaintiff(For Diversity Cases Only)
and One Box for Defendant)
0 1
U.S. Govemment
X 3 Federal Question
PTF
DEFPTF
DEF
Plaintiff(U.S. Govenunent Not a Party)Citizen of This State
0 1
0 1
Incorporated
or
Principal Place
g
4
0 4
of Business In This State
0 2
U.S. Govemment
Defendant
0 4
Diversity
(Indicate Citizenship of Parties in Item III)Citizen of Another State
0 2
0 2
Incorporated
and
Principal Place
0
5
IN 5
of Business In Another StateCitizen or Subject of a
0 3
0 3
Foreign Nation
06
06
Foreign
countw
IV.
NATURE OF SUIT
Place an "X" in One Box Onl
0 110 Insurance
PERSONAL INJURY
PERSONAL INJURY
0 610 Agriculture
0 422 Appeal 28 USC 158
Cl 400 State Reapportionment
0 120 Marine
0
310 Airplane
0
362 Personal Injury -
0 620 Other Food & Drug
0 423 Withdrawal
410 Antitrust
0 130 Miller Act
0
315 Airplane Product
Med. Malpractice
0 625 Drug Related Seizure
28 USC 157
Cl 430 Banks and Banking0 140 Negotiable Instrument
0 150 Recovery of Overpayment
Liability
0
365 Personal Injury -
0
320 Assault, Libel &
Product Liabilityof Property 21 USC
881
0 630 Liquor Laws
Cl 450 CommerceCl 460 Deportation
& Enforcement ofJudgmentSlander
0
368 Asbestos Personal
0 640 R.R. & Truck
0 820 Copyrights
Cl 470 Racketeer Influenced and
0 151 Medicare Act
0
330 Federal Employers'
Injury Product
0 650 Airline Regs.
0 830 Patent
Corrupt Organizations0 152 Recovery of Defaulted
Liability
Liability
0 660 Occupational
14
840 Trademark
Cl 480 Consumer Credit
Student Loans
0 340 Marine
PERSONAL, PROPERTY
Safety/Health
490 Cable/Sat TV
(Excl. Veterans)
0
345 Marine Product
0
370 Other Fraud
0 690 Other
810 Selective Service0 153 Recovery of Overpayment
Liability
0
371 Truth in Lending
Cl
850 Securities/Commodities/of Veteran's Benefits
0
350 Motor Vehicle
0
380 Other Personal
0 710 Fair Labor Standards
0 861 HIA (1395ff)
Exchange
0 160 Stockholders' Suits
0
355 Motor Vehicle
Property Damage
Act
0 862 Black Lung (923)Cl 875 Customer Challenge0 190 Other Contract
Product Liability
0
385 Property Damage
0 720 Labor/Mgmt. Relations0 863 DIWC/DIWW (405(g))
12 USC 3410
0 195 Contract Product Liability
0
360 Other Personal
Product Liability
0 730 Labor/Mgmt.Reporting
0 864 SSID Title XVI
Cl
890 Other Statutory Actions
n
196 Franchise
Idu
& Disclosure Act
0 865 RSI 405
891 Agricultural Acts
0 740 Railway Labor Act
Cl
892 Econornic Stabilization Act
0 210 Land Condemnation
0
441 Voting
0
510 Motions to Vacate
0 790 Other Labor Litigation
0 870 Taxes (U.S. Plaintiff
893 Environmental Matters
0 220 Foreclosure
0
442 EmploymentSentence
0 791 Empl. Ret. Inc.
or Defendant)
894 Energy Allocation Act0 230 Rent Lease & Ejectment
0
443 Housing/
Habeas Corpus:
Security Act
0 871 IRS—Third Party
Cl 895 Freedom of Information
0 240 Torts to Land
Accommodations
0
530 General
26 USC 7609
Act
0 245 Tort Product Liability
0
444 Welfare
0
535 Death PenaltyCl 900Appeal of Fee Determination
0 290 All Other Real Property
0
445 Amer. w/Disabilities -
0 540 Mandamus & Other
462 Naturalization ApplicationUnder Equal AccessEmployment
0
550 Civil Rights
0 463 Habeas Corpus -
to Justice
Cl
446 Amer. w/Disabilities -
0
555 Prison ConditionAlien Detainee950 Constitutionality of
Other
0 465 Other Immigration
State Statutes
0
440 Other Civil Rights
Actions
4 Reinstated or El 5
Reopened
7
V.
ORIGIN
(Place an "X" in One Box Only)
Cil
1
 
Original
11 2 Removed from
J
3
Remanded fromProceeding
State Court
Appellate CourtTransferred from
6Multidistrict
another district
Litigation(specifv)Appeal to DistrictJudge fromMagistrateJudgmentCite the U.S. Civil Statute under which you are filing
(Do not cite jurisdictional statutes unle,ss diversity):
Section 32 of the Lanham Act. 15 U.S.C. 1114: Section 43(a) of the Lanham Act. 15 U.S.C. 1125
Brief description of cause:
Trademark infrinaement and unfair competition
lJ CHECK
IF THIS IS A CLASS ACTION
DEMAND
$
CHECK YES only if demanded in complaint:UNDER F.R.C.P. 23DOCKET NUMBER
VI.
CAUSE OF ACTION
VH.REQUESTED
IN
COMPLAINT:
VIII. RELATED
CASE(S)
(See instructions).
IF ANY
JUDGE
JURY DEMAND:
0 Yes
1:4
No
DATE
SIGNA R OF ATTOR Y OF RECORD
04/06/2011
7e. elf
FOR OFFICE USE ONLY
RECEIPT
4
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 1 of 12
 
UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF PENNSYLVANIA
ALUM-A-POLE CORPORATION,
: Civil Action No.
Plaintiff,
V.
COMPLAINT
BADGER LADDER, INC.,
Defendant.
Document Electronically Filed
Plaintiff Alum-A-Pole Corporation ("Alum-A-Pole"), by its undersigned
attorneys, as and for its complaint against defendant Badger Ladder, Inc.
("Badger"), says:
PARTIES
1.
Plaintiff Alum-A-Pole is a corporation, organized under the
laws of the State of New York, that maintains its principal place of business at
1011 Capouse Avenue, Scranton, Pennsylvania 18509.
2.
Defendant Badger is a Wisconsin corporation that maintains its
principal place of business at 2040 S. Ashland Avenue, Green Bay, Wisconsin
54304.
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 2 of 12
 
JURISDICTION
3.
This is an action for infringement of a federally registeredtrademark under section 32 of the Lanham Act, 15 U.S.C. §1114, and unfair
competition under section 43(a) of the Lanham Act, 15 U.S.C. §1125.
4.
This Court has jurisdiction over this action pursuant to 28U.S.C. §§1331 and 1338(a) and (b), as well as 28 U.S.C. § 1332 as there is
complete diversity of citizenship and the amount in controversy exceeds $75,000,
exclusive of interest and costs.
BACKGROUND
5.
Plaintiff Alum-A-Pole is engaged in the business of,
inter alia,
the design, manufacture, and sale of scaffolding and scaffolding jacks.
6.
Of relevance here, Alum-A-Pole has made, sold, and promoted
a line of scaffolding jacks under the trademark PRO-JACK for more than 25 years.
Alum-A-Pole's PRO-JACK trademark is also the subject of United States
Trademark Registration No. 3,893,334. A true copy of this Registration is attached
as Exhibit A.
7.
Since introducing PRO-JACK to the marketplace, Alum-A-Pole
has expended substantial sums to advertise and promote its trademarked PRO-
JACK products nationally and regionally through trade publications, newspapers,
trade show appearances, direct mail, the Internet, and special promotions.
2
474299_1
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 3 of 12

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